1994 California Proposition 187 facts for kids
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California Proposition 187 was a special vote in 1994. It was also called the Save Our State (SOS) plan. This plan wanted to create a system to check if people were citizens. It also aimed to stop immigrants who did not have legal papers from using public services. These services included non-emergency health care and public schools in California.
Voters approved this plan on November 8, 1994. But the very next day, people challenged the law in court. A federal court then said the law was against the Constitution on November 11. In 1999, Governor Gray Davis stopped the state from trying to make the law happen.
Many people in California were worried about immigration. Supporters of Proposition 187 said the state could not afford to pay for services for so many people. Opponents felt the law was unfair to immigrants, especially those from Hispanic or Asian backgrounds.
Later, experts said that checking everyone's citizenship would cost more money than it would save. Over time, more immigrants became citizens in California. Many of these new citizens did not like Proposition 187. Some people think this is why the Republican Party became less popular in California.
Contents
Why Proposition 187 Happened
In 1994, about 1.3 million immigrants in California did not have legal papers. Some people in the state were worried about the costs of providing services to these families.
Dick Mountjoy, a Republican politician from Monrovia, suggested Proposition 187. He called it the "Save Our State" (SOS) plan. Enough people signed a petition to put it on the ballot for the election on November 8, 1994.
Early polls showed that Proposition 187 had a lot of support. In July 1994, it had a 37-point lead. By September, 62% of likely voters supported it. People who supported the plan said California spent $3 billion each year on services for immigrants without legal papers. About half of this money went to educating their children.
Governor Pete Wilson, a Republican, strongly supported Proposition 187. It became a very important topic in his 1994 re-election campaign. He was running against Kathleen Brown, a Democrat. Wilson's support for Proposition 187 helped him win re-election.
Before the election, Governor Wilson said that if Proposition 187 passed, all state workers would have to report suspected immigrants without legal papers. The state's Attorney General, Dan Lungren, agreed to put the law into action right after the election.
Even President Bill Clinton spoke about Proposition 187. He asked Californians to vote against it. He said it was not the right way to handle immigration issues.
Protests and Voting Results
Before the vote, many Latino students organized big protests against Proposition 187. They even boycotted high schools. During these protests, some students waved the Mexican flag. This caused some debate and was seen as controversial by opponents.
On November 8, 1994, California voters approved Proposition 187. About 59% voted yes, and 41% voted no. According to exit polls, 63% of white voters and 23% of Latino voters voted for it. African-American and Asian voters were split.
At that time, white people made up 57% of California's population. But they were 81% of the voters in that election. Latinos were 26% of the population but only 8% of the voters. Most Republicans (78%) and Independents (62%) voted for the plan. Most Democrats (64%) voted against it.
The first part of Proposition 187 stated:
The People of California find and declare as follows:
That they have suffered and are suffering economic hardship caused by the presence of illegal aliens in this state. That they have suffered and are suffering personal injury and damage caused by the criminal conduct of illegal aliens in this state. That they have a right to the protection of their government from any person or persons entering this country unlawfully.
Main Parts of Proposition 187
Proposition 187 included these important rules:
- Police officers who suspect someone they arrested might not have legal papers must check their immigration status. If they find proof, they must tell the California Attorney General and the federal Immigration and Naturalization Service (INS). They also had to tell the person their status.
- Local governments could not stop or limit these checks.
- If government workers suspected someone applying for benefits was an immigrant without legal papers, they had to report it.
- People could not get public social services until they proved they were a U.S. citizen or had legal papers.
- People could not get health care from publicly funded places until they met these rules.
- Public elementary or secondary schools could not let children attend until they met these rules.
- By 1996, each school district had to check the legal status of every child and their parents or guardians.
- A child who did not meet the rules could not continue school 90 days after the Attorney General and INS were told.
- The Attorney General had to keep records of all these cases. These records had to be available to other government groups.
- Making, selling, or using fake citizenship or residency papers became a serious state crime.
Who Opposed Proposition 187?
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Many groups opposed Proposition 187. These included activists on college campuses, churches, and ethnic communities. Critics said the plan was unfair to ethnic minorities, especially those of Latino background. Others worried that the cost of checking citizenship and losing federal money would cancel out any savings.
The day after the law passed, Latino and civil rights groups, like the Mexican American Legal Defense and Educational Fund and the American Civil Liberties Union, filed lawsuits against it. Some cities outside California, like Denver, Colorado, even threatened to boycott California. Latino groups said they would not hold meetings in California and asked people to boycott Disneyland.
While many conservatives supported Proposition 187, some well-known conservatives did not. These included Jack Kemp, William Bennett, and Ron Unz.
The California State Parent-Teacher Association also opposed the bill. This was because it required children and parents to prove their legal status for school. Gray Davis, who later became governor, campaigned against Proposition 187. Three weeks before the vote, over 70,000 people marched in Los Angeles against the plan.
The Mexican president, Carlos Salinas de Gortari, said the law was unfair and hurt the human rights of migrant workers. He suggested a program where Mexican workers could legally work in the U.S.
Reactions from Different Groups
Different ethnic groups reacted to Proposition 187 in various ways. Latino communities were very active. Hispanic students marched with Mexican flags. Some people thought this might have made undecided voters support the proposition. But community leaders said waving the flags was a way to show pride.
Asian communities were divided. About 57% of Asian voters supported the proposition. However, as the bill became more known, many Asian groups took strong action against it. Support for the bill dropped, partly because of "massive organizing among California's communities of color, particularly the Latino and Asian communities." Many Asian American groups joined forces against Proposition 187.
Court Challenges and What Happened Next
Several lawsuits challenged whether Proposition 187 was legal. On November 11, 1994, a federal judge stopped the law from being put into action. In December 1994, another judge permanently blocked most parts of Proposition 187.
In November 1997, Judge Mariana Pfaelzer ruled that the law was unconstitutional. She said that only the federal government could make rules about immigration. California could not create its own rules about who could get public benefits.
Governor Wilson appealed this ruling. But in 1999, the new Democratic Governor Gray Davis stopped the appeal. This effectively ended the law.
Some parts of Proposition 187 stayed in the law books until 2014. That year, California passed a new bill, SB 396. This bill removed those old sections from California's laws. This was a symbolic act after Proposition 187 was overturned. The bill's author, Kevin de León, said it "closes a dark chapter in our state’s history."
What Proposition 187 Left Behind
Many experts believe that Proposition 187 changed politics in California. They noticed a quick increase in Latino voters. Some say that the Republican Party's support for Proposition 187 led to them losing statewide elections.
A study in 2006 found that Republican support for Proposition 187 and two other state plans (Proposition 209 and Proposition 227) caused both white and Latino voters to move away from the Republican Party and towards the Democratic Party. The study suggested that using "racially divisive strategies" might not work well in the long run. Other studies also showed that Proposition 187 encouraged Hispanic voters to support the Democratic Party.
However, some people disagree. They argue that more immigration, whether legal or not, made California's voters more liberal. They also point out that Democrats have often controlled California's government since the 1960s. Some say that other reasons, like women's views on reproductive rights, also caused people to move away from the Republican Party.
Between 1995 and 2004, other states passed similar laws. These included Arizona, Colorado, Florida, Georgia, Illinois, Nevada, New Mexico, New York, Oklahoma, and Texas.
During Donald Trump's 2016 presidential campaign, some media members compared his ideas about immigration to Governor Wilson and Proposition 187. They noted that Trump's proposals, like deporting many people and building a border wall, caused strong reactions and protests in California.
Proposition 187 in Books
The book Three Keys by Kelly Yang is a novel for middle schoolers. It is set in southern California during the time leading up to the November 8, 1994, vote on Proposition 187.
Images for kids
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Map showing the results of Proposition 187 by county.
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Protesters of Proposition 187 in Fresno, California in 1994.
See also
In Spanish: Proposición 187 (California) para niños
